legal Free Legal Advice

[slippeddisk]

Hello MTC legal minds!

 

Any inputs would be welcome.

 

Thanks!

 

Hello butsoy!

 

My query is about what i feel is a medical negligence case.

 

Had an operation done on me (slippeddsik) that did not went well. When i reconsulted him, he said he'll do another surgery on me, free of charge prof. fee na, hosp use nalang ang babayaran ko. Katakot the reaction so i sought for a second opinion.

 

Looked for another surgeon, he re evaluated and did the next surgery that made it good.

 

But, I had a relapse, nabinat ba.

 

And I now have difficluty working, pain is always there.

 

Plus I have records, operating room files and such, that shows irregularities.

 

Fact is , the first operation is palpak.

 

These are the shallow facts pa lang.

 

Do I have a case?

 

And shld the issue be directed to the doctor, the hosp, or the Health management provider?

 

I can PM you for more details if it would help.

 

Hope you'd find time to check this out.

 

Thanks!

[agihap1]

Thanks a lot guys to Legalavatar, rocco69, Bonito99...

 

When I am in abroad way back in 2000 she had an affair with another man... So I decided that we partways and live our life sperately.. I think she is now in abroad also but am not really sure where. I want to file an annulment sana because, its a long time already and I want to be away and free from the shadow of my marriage with her. Which has causes me pain and also my family..

 

Please give me a few steps to follow first..

 

Thanks mga BRO....

[pol22366]

Hello MTC legal minds!

 

Any inputs would be welcome.

 

Thanks!

 

Hello slippeddisk:

 

In your post two doctors have already operated on you for your medical problem. You said that the second doctor seemed to have "corrected" what the first doctor, as you said, have negligently done.

 

So who caused the relapse, is it the first doctor or the second one? That should be determined first before you can sue.

 

You said that you had a relapse. What is your basis in saying so? Did you consult another 3rd doctor?

 

All these have to be supported by records, and also backed by expert testimony from a doctor who will advice the court why you're saying there is negligence. An expert medical witness is hard to find because he has to be accepted as such by the court, and as legalavatar said it would be hard to find a doctor who will testify against his fellow doctor.

 

So if you really want to file the case, you should prepare your records, make sure that there is proof that really a relapse or "binat" is what happened to you, the one you are suing is the real culprit (and negligent), and you have an expert witness who will back you up.

 

Hope I helped.

[pol22366]

With due respect to Amba Bonito99, let me just add:

 

There is no "period" of prescription under the law which you can use as basis whether or not you can annul you marriage. The basis for annulment are those provided in the Family Code.

 

Also in cases of legal separation, the grounds are also those provided in the Family Code.

 

If you really want to know the details of these grounds for annulment/legal separation, just PM one of the names you see here and consult them. You need to be interviewed for the facts and circumstances so that your case may be thoroughly prepared. Based on your posts there are no circumstances that can be used to assess your case.

 

Good luck.

 

 

Thanks a lot guys to Legalavatar, rocco69, Bonito99...

 

 

 

 

 

 

When I am in abroad way back in 2000 she had an affair with another man... So I decided that we partways and live our life sperately.. I think she is now in abroad also but am not really sure where. I want to file an annulment sana because, its a long time already and I want to be away and free from the shadow of my marriage with her. Which has causes me pain and also my family..

 

Please give me a few steps to follow first..

 

Thanks mga BRO....

 

 

Brother agihap1, kahit na hindi ako honorable mention, I suggest that you consult any of those who advised you through PM, so that they can advice you more precisely rather that just here in this thread. That will be more effective.

[mwah]

Sirs legalavatar and rocco69, your replies are much appreciated. Thanks!

Edited July 26, 2008 by mwah

[Arneeious]

Sirs . . .

 

May question po ako. My tita borrowed money (around P500K) from her officemate who has a sideline money-lending business aside from her office work. My tita has made partial payments but the officemate won't issue any type of receipt for the payments. Although it's just a sideline business, is the officemate still required to issue receipts for each payment?

[accountingboy]

i think an acknowledgment receipt should still have been issued ...this is important coz this is to show proof that your tita indeed made partial payments..otherwise the lender could just claim that the loan has not yet been paid

Edited July 26, 2008 by accountingboy

[jojoendejr]

That's right. And eventhough assuming your tita has eyewitnesses that she made partial payments, there will still be the question of how much was really actually paid. The mind is so fickle you know. A mere acknowledgement receipt will do. Handwritten receipt lang bro kahit sa piece of paper. Just make sure the date of payment, amount paid and the signature of the lender appears. Actually mas maganda kung may magsa-sign din na isang witness sa payment.

[accountingboy]

its better to be safe nowadays where scams are flying left and right

[rocco69]

Sirs . . .

 

May question po ako. My tita borrowed money (around P500K) from her officemate who has a sideline money-lending business aside from her office work. My tita has made partial payments but the officemate won't issue any type of receipt for the payments. Although it's just a sideline business, is the officemate still required to issue receipts for each payment?

 

Karapatan ng tita mo na humingi ng resibo, ayon nga kay jojoendjr at accountingboy, kahit acknowledgment receipt man lang, pwede na.

 

Sabi sa Art. 1315 ng Civil Code - Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law.

 

Ang pagbigay ng resibo ay isa sa mga kunsekuwensiya ng pagpapautang at pagbabayad sa pagkakautang, at ito ay naaayon sa "good faith, usage and law" kung kaya't may obligasyon ang nagpautang na magbigay ng resibo kung ito ay hinihingi ng nagbabayad ng utang

[Arneeious]

Thank you to everyone who replied. I told the situation to a friend of mine and when I told her that the interest rate of the loan is 5% per month (60% per annum), she said the interest rate is way too high and may even be illegal.

 

Is there a particular rule in our tax laws that requires someone like the officemate to issue official receipts and not just handwritten receipts? Baka pwede ko gamitin yun as leverage to negotiate for a lower interest rate. Because of the high interest rate, palalim ng palalim ang debt ng tita ko.

[azayco]

Sirs . . .

 

May question po ako. My tita borrowed money (around P500K) from her officemate who has a sideline money-lending business aside from her office work. My tita has made partial payments but the officemate won't issue any type of receipt for the payments. Although it's just a sideline business, is the officemate still required to issue receipts for each payment?

 

To add to the posts above, report the lender by sending an email to no-or-complaint@bir.gov.ph :evil: :thumbsupsmiley:

[azayco]

Is there a particular rule in our tax laws that requires someone like the officemate to issue official receipts and not just handwritten receipts? Baka pwede ko gamitin yun as leverage to negotiate for a lower interest rate. Because of the high interest rate, palalim ng palalim ang debt ng tita ko.

 

Tax law - RA 8424, as amended by RA 9337 (National Internal Revenue Code)

 

"SEC. 237. Issuance of Receipts or Sales or Commercial Invoices. - All persons subject to an internal revenue tax shall, for each sale and transfer of merchandise or for services rendered valued at Twenty-five pesos (P25.00) or more, issue duly registered receipts or sale or commercial invoices, prepared at least in duplicate, showing the date of transaction, quantity, unit cost and description of merchandise or nature of service: Provided, however, That where the receipt is issued to cover payment made as rentals, commissions, compensation or fees, receipts or invoices shall be issued which shall show the name, business style, if any, and address of the purchaser, customer or client.

"The original of each receipt' or invoice shall be issued to the purchaser, customer or client at the time the transaction is effected, who, if engaged in business or in the exercise of profession, shall keep and preserve the same in his place of business for a period of three (3) years from the close of the taxable year in which such invoice or receipt was issued, while the duplicate shall be kept and preserved by the issuer, also in his place of business, for a like period.

"The Commissioner may, in meritorious cases, exempt any person subject to an internal revenue tax from compliance with the provisions of this Section."

 

RA 3765 Truth in Lending Act

 

"SECTION 4. Any creditor shall furnish to each person to whom credit is extended, prior to the consummation of the transaction, a clear statement in writing setting forth, to the extent applicable and in accordance with rules and regulations prescribed by the Board, the following information:

(1) the cash price or delivered price of the property or service to be acquired;

(2) the amounts, if any, to be credited as down payment and/or trade-in;

(3) the difference between the amounts set forth under clauses (1) and (2);

(4) the charges, individually itemized, which are paid or to be paid by such person in connection with the transaction but which are not incident to the extension of credit;

(5) the total amount to be financed;

(6) the finance charge expressed in terms of pesos and centavos; and

(7) the percentage that the finance bears to the total amount to be financed expressed as a simple annual rate on the outstanding unpaid balance of the obligation."

 

"SECTION 6. (a) Any creditor who in connection with any credit transaction fails to disclose to any person any information in violation of this Act or any regulation issued thereunder shall be liable to such person in the amount of P100 or in an amount equal to twice the finance charged required by such creditor in connection with such transaction, whichever is the greater, except that such liability shall not exceed P2,000 on any credit transaction. Action to recover such penalty may be brought by such person within one year from the date of the occurrence of the violation, in any court of competent jurisdiction. In any action under this subsection in which any person is entitled to a recovery, the creditor shall be liable for reasonable attorney's fees and court costs as determined by the court.

(b ) Except as specified in subsection (a) of this section, nothing contained in this Act or any regulation contained in this Act or any regulation thereunder shall affect the validity or enforceability of any contract or transactions.

(c ) Any person who wilfully violates any provision of this Act or any regulation issued thereunder shall be fined by not less than P1,00 or more than P5,000 or imprisonment for not less than 6 months, nor more than one year or both.

 

X X X"

Edited July 28, 2008 by azayco

[Arneeious]

Thank you very much for the assistance. Magagamit ko eto para maka-negotiate ng mas reasonable interest rate. My tita heard from other officemates that her officemate often lends money to other people at very high rates but no one complains. Hopefully, this will change things, at least for my tita.

 

Thank you again!

 

Tax law - RA 8424, as amended by RA 9337 (National Internal Revenue Code)

 

"SEC. 237. Issuance of Receipts or Sales or Commercial Invoices. - All persons subject to an internal revenue tax shall, for each sale and transfer of merchandise or for services rendered valued at Twenty-five pesos (P25.00) or more, issue duly registered receipts or sale or commercial invoices, prepared at least in duplicate, showing the date of transaction, quantity, unit cost and description of merchandise or nature of service: Provided, however, That where the receipt is issued to cover payment made as rentals, commissions, compensation or fees, receipts or invoices shall be issued which shall show the name, business style, if any, and address of the purchaser, customer or client.

"The original of each receipt' or invoice shall be issued to the purchaser, customer or client at the time the transaction is effected, who, if engaged in business or in the exercise of profession, shall keep and preserve the same in his place of business for a period of three (3) years from the close of the taxable year in which such invoice or receipt was issued, while the duplicate shall be kept and preserved by the issuer, also in his place of business, for a like period.

"The Commissioner may, in meritorious cases, exempt any person subject to an internal revenue tax from compliance with the provisions of this Section."

 

......

[pol22366]

May I just add that your tita needs the written receipts of payments because under the statute of frauds all transactions which are more than 500 pesos should be in writing. Hence, verbal proof may not be enough to evidence your tita's partial payments and some sort of written proof, i.e. receipts must be shown.

[west]

Mga pre,

Need to buy a property in Batangas from a friend. Unfortunately, nasa parent's name nya ang title. Both are deceased with no will left. According to some advise, In order for him to sell the property to me, he needs to execute an Extra Judicial Transfer or Partition document to transfer the title to him first then execute a DOS to me. Is this correct?

Does anyone know how much this will cost?

Regards

[dickyryu]

dahil anak mo naman yan, meron kang karapatan sa custody ng anak mo, lalo na na ikaw lang ang magulang na nandito at nangangalaga sa bata. Kung dadalhin mo yung bata, hindi yan kidnapping o anumang krimen. In other words, walang problema dun.

 

Ang maaari mo lang maging problema ay ang travel clearance for a minor travelling abroad. Dati kasi pag isa lamang sa mga magulang ang kasama ng bata palabas ng bansa, kailangan ng affidavit of consent mula sa magulang na di kasama. Ngunit, subalit, datapwat, may narining ako na sa ilalim ng bagong guidelines ng DSWD at BI, di na ito kailangan. I-check mo sa DSWD kung kailangan pa ng travel clearance. Kung di na kailangan, paglabas mo ng bansa, kailangan kasabay mo na ang anak mo. Di na kasi mailalabas yung bata kung papahabulin mo lang sa iyo dahil mangangailangan ka ng travel clearance (minor travelling alone or w/ persons not his parents), na nangangailangan ng affidavit of consent ng ama at ina (na hindi mo naman makukuha sa asawa mo). Kung pepekehin mo naman yung pirma ng asawa mo sa affidavit krimen yun (me sabit ka).

 

 

Sir maraming maraming salamat po ulit sa reply na ito... medyo kinakabahan parin ako dahil aalis na kami anytime soon haha

[rocco69]

May I just add that your tita needs the written receipts of payments because under the statute of frauds all transactions which are more than 500 pesos should be in writing. Hence, verbal proof may not be enough to evidence your tita's partial payments and some sort of written proof, i.e. receipts must be shown.

 

Actually, hindi na pwedeng gamitin ang Statute of Frauds (Art. 1403[2d], Civil Code - batas na nagsasabi na kailangan ng kasulatan bilang patunay o upang ipatupad ang kontrata) bilang depensa dahil naisagawa na ang kontrata. Ayon sa Art. 1405, kapag naisagawa na ang kontrata (sa kaso ng tita mo, sa pamamagitan ng pagtanggap ng halagang pinautang sa kanya at ng pagbabayad ng hulugan dito) di na maaring sabihin na wala namang kasulatan bilang ebidensya na nagbayad na ang tita mo, pwede na siyang magharap ng mga testigo na magsasabi na nagbayad nga siya.

 

Kaya nga lang, mas matibay at malakas na ebidensya pa rin ang nakasulat na resibo kesa sa salaysay ng testigo, lalo na kung ang gumawa ng resibo ay ang taong nagpautang.

 

Hope this helps.

[redax]

This is more complicated than the one in the real estate portion. This time 2 estate tax returns have to be filed since both parents passed away. After the first one passed away, the property was inherited by the heirs which includes the surviving spouse. The estate tax obligation on the death of the first parent has to be settled including penalties. As said in the other legal site, an extrajudicial settlement of a deceased person is necessary. All of the decedent's assets have to be included in the estate tax return. The same procedure has to be done for the parent who subsequently passed away. After getting the Certificate Authorizing Registration, you will have to go through the Register of Deeds where you have to comply with all the requirements. Then the title issued will reflect the ownership share of each heir. If they desire to partition the property they can execute an extrajucidial partition of real estate. They will then need to have the property surveyed so that it can be subdivided, which is necessary for them to acquire their own transfer certificate of titles to their own lots.

If he is the only offspring then there will be no need for the extrajudicial partition as he would be the sole owner of the property. He can then just sell it to you after the title is transferred to his name.

Edited July 30, 2008 by redax

[pol22366]

Actually, hindi na pwedeng gamitin ang Statute of Frauds (Art. 1403[2d], Civil Code - batas na nagsasabi na kailangan ng kasulatan bilang patunay o upang ipatupad ang kontrata) bilang depensa dahil naisagawa na ang kontrata. Ayon sa Art. 1405, kapag naisagawa na ang kontrata (sa kaso ng tita mo, sa pamamagitan ng pagtanggap ng halagang pinautang sa kanya at ng pagbabayad ng hulugan dito) di na maaring sabihin na wala namang kasulatan bilang ebidensya na nagbayad na ang tita mo, pwede na siyang magharap ng mga testigo na magsasabi na nagbayad nga siya.

 

Kaya nga lang, mas matibay at malakas na ebidensya pa rin ang nakasulat na resibo kesa sa salaysay ng testigo, lalo na kung ang gumawa ng resibo ay ang taong nagpautang.

 

Hope this helps.

 

Good add Brother Rocco, we both agree that proof-wise the receipts are stronger evidence of the partial payment rather than mere testimonial evidence. The statute of fraud merely puts to fore that we need receipts.

[west]

This is more complicated than the one in the real estate portion. This time 2 estate tax returns have to be filed since both parents passed away. After the first one passed away, the property was inherited by the heirs which includes the surviving spouse. The estate tax obligation on the death of the first parent has to be settled including penalties. As said in the other legal site, an extrajudicial settlement of a deceased person is necessary. All of the decedent's assets have to be included in the estate tax return. The same procedure has to be done for the parent who subsequently passed away. After getting the Certificate Authorizing Registration, you will have to go through the Register of Deeds where you have to comply with all the requirements. Then the title issued will reflect the ownership share of each heir. If they desire to partition the property they can execute an extrajucidial partition of real estate. They will then need to have the property surveyed so that it can be subdivided, which is necessary for them to acquire their own transfer certificate of titles to their own lots.

If he is the only offspring then there will be no need for the extrajudicial partition as he would be the sole owner of the property. He can then just sell it to you after the title is transferred to his name.

 

Pre

 

Thank you sa reply. I also need to know average cost of such service before I talk business. At least I have an idea of how much I need to spend and how long will it takebefore the title isi transferred to me. Nabasa ko kasi dadaan pa daw ng court or kailangan ifile sa court yung mga documents.

 

Salamat.

[moed]

As always stated in this forum everytime the cost of services comes up, it would depend on the lawyer or other person willing to provide the services. There is no set fee. Regarding the time, it would depend on how fast you can file the returns with the BIR. The returns should include all the assets of the deceased so if he had a lot of properties the payment of the estate tax may be a problem as it could substantial. And remember, he has to pay for 2 extate tax returns.

Regarding whether it goes to court, the only time this process will go to court is if the heirs cannot agree on how to partition the property, then the partition will be judicial and not extrajudicial.

[azayco]

To add to the posts above, the following fees will be incurred:

 

1. Settlement of the estates

 

Estate tax for the 2 generational transfers - rates from 0-20% depending on estate value

Penalties payable to the BIR for late filing - 25% of basic tax + 20% from the time estate tax became due (ouch )

 

Fees with the Registry of Deeds (approx. 0.5% of the fair market value of the asset)

 

2. Sale from your friend to you :thumbsupsmiley:

 

Capital gains - 6% of fair market value

DST - 0.5% of fair value

Local transfer tax - 0.5% to 0.75% depending on the LGU where the land is located

 

Fees with the registry of deeds - 0.5% of fair market value

 

 

and of course...

 

Legal fees for preparing the documents for the settlement of the estate and for the sale of the land :evil: :boo: :ph34r: :zorro:

[masi]

You also have to publish the Notice of Extra Judicial Settlement for 3 consecutive weeks in a newspaper of national circulation. Upon completion of this requirement, the publisher will issue a certification of pulblication.

 

Cost of publication depends on which newspaper you will use.

 

A lawyer may do this work for you including all the necessary documentation for the transfer.

[ela_bat]

DST 1.5% in Deed of Sale not .5%